City Council - Regular Meeting

I don't know. I don't know with the weather. It may not. Yay. Some goodies. Oh, good. I brought my package. Okay, we'll call the meeting to order and ask the clerk to call the role. Mayor Baldwin here. Councilman Collins here. Councilman Coin here. Councilwoman McCumby here. Councilman Skidmore here. Councilman Thomas

here. Councilwoman Wilbur here. Mayor, you have a quorum. Okay. Okay, I need a motion to move into executive session for item A is a discussion regarding a potential or potential appointments to the tree board and the board of zoning appeals. Item B is a discussion regarding one reappointment to the planning commission and item C is a discussion regarding the potential sale of city property. Do I have a motion? So moved. Second. All in favor say I. I. We'll move into executive session and we'll continue our meeting when we adjourn.

Hallelujah.

Was that your jacket? So, council met in executive session and no votes were taken. I'll ask our chaplain, Jay Ortiz, to uh lead us in the invocation.

Thank you, mayor, city council. Um, our city manager, Ryan Fabrey, assistant city manager, Miss Tara, uh, our police chief, Dana Crawl, my fire chief, Billy Floyd, uh, and all you VIPs of North Myrtle Beach. Yes, beautiful people, smiling faces, I invite you to pray with me if you would please, tonight. Heavenly Father, thank you for the day. Your word says that this is the day that you have made, and we will rejoice and be glad in it, Lord. Uh, Father, I thank you for the council. I thank you for everything that they're getting into, Lord God. the the the details that need to happen for this city to run as it needs to run. Lord, I pray wisdom upon them, Father, as they get into these details, Lord. Wisdom from on high, not man's wisdom, but God, your wisdom, Lord. We pray wisdom, knowledge, understanding, discernment, and favor be upon them. We thank you for it, Lord. I pray again, Father, that North Myrtle Beach would be known as a city that loves Jesus, a city that's set apart, Lord. And we thank you for that. Be with us tonight. Watch over us. protect us. It's in the mighty name of Jesus that we pray. And all God's people say, "Amen." And amen.

Please stand for the pledge of allegiance. I aliance to the flag of the United States of America to the stand indivisible with liberty and justice for all.

Okay, we'll move into minutes. City council meeting Monday, March 2nd, 2026. Do I have a motion to Approve motion. Second. All in favor say I. I. We'll move into communications. Uh item A is a proclamation child abuse prevention and awareness month and I'll come down and present that. How are you? Okay, Susan, good to see you.

Hello. Hello. Hey. Hey. How are you? Good. Good to see you. Good. Wow. We got a big crayon.

Hey. Hello. Good see him. Hello. Hey. Linda always gets a hug. Okay. So there are two identical proclamations and I'm presenting this to Susan Curley, chair for the advoc advocacy for children's committee and North Beach Women's Club and Michelle Murphy, program facilitator for Sea Haven. Okay. So I'm going to read these. They're both the same, so I'm just reading one. Is that correct?

One. Okay. All right. Got you. So, Child Prevention Month, whereas South Carolina's 1.1 million children residing in the diverse communities across our state, including the 53,000 children in Ory County and our most valuable and our most valuable resource and will shape the future of our great state. And whereas childhood trauma, including neglect and abuse, is a serious problem affecting every segment of our community. And finding solutions requires input and action from everyone. And whereas effective child abuse prevention activities succeed because of the partnerships created between child wear fail professionals, education, health community, and faith-based organizations, businesses, mental and behavioral help, law enforcement agencies, and families. And whereas we acknowledge that we must work together as a community in partnership to build awareness and contribute to promote the social and emotional well-being of children, youth and families in a safe safe, stable and nurturing environment. And whereas prevention remains the best defense for our children and families. Whereas in state physical year 2024 through 2025, there were 7,024 substantiated child protective services, CPS, investigations with 12,371 children in South Carolina and 487 investigations and 766 children in Ory County. Now therefore, I, J Bowwin the third, mayor of the city of North Myrtle

Beach, South Carolina, along with the city council, do hereby proclaim April 2026 as child abuse prevention month throughout North Myrtle Beach. And I ask all South Carolinians to dedicate themselves to protecting the quality of life for families and children so that we will end child negle, neglect, and abuse. Okay. Thank y'all for being here. Mayor get a photo. Yeah, we'll get a photo soon. Michelle, you want to hold one? Yeah. Okay. Okay. Yeah.

Everybody stacks. Go. Thank you all for represent. Okay, we'll move been announcements by mayor and city council. Does anybody have any announcements?

Mayor, I do have one. I want to tell you that was probably one of the best parades and celebrations I've we've had in a very long time. I don't know whether it was just the weather was right, but we had a big crowd and uh and the parade, both the city and the Optimus Club. I want to thank them a whole lot for that. Yeah. And I'd like to say you'll see these pin wheels um at Main Street in just a few weeks. Uh and this is for child awareness prevention a month. So, you know, when you see those, you'll know the North Beach Women's Club put those out and it's to let everybody know that we've got to think about our children and preventing crime against those. Any other comments?

Okay, we'll move into consent agenda. Um, and we have, uh, if it's okay with council, I think that we may need to take one of these out. Uh, which would be item A, the motion to appoint three reappointments to the A tax committee, but we could take item, if it's okay with council, we could take item B, C, and D together. Is that okay? I'll read them. Um, that's good.

Okay. Item B is a resolution to exercise the city's option to extend the parasel and banana boat franchise agreement between the city and Randall Duke for an additional 5-year term. Item C is a resolution to exercise the city's option to extend the parasale and banana boat franchise agreement between the city and Aaron Lewis for an additional 5-year term. And item D is a motion to approve Rock Hill Shag Club Beach Party to be held September 25th, 2026. Do we have a motion to approve? So moved. Second.

Are there any comments by council? Are there any comments by the public? All in favor say I. I. All opposed? Eyes have it. So we'll move into item A. And um it item A is a motion to appoint one appointment and three appointments to the accommodation tax committee and Councilman Thomas I think you were going to comment on it.

Yeah, I just wanted to if I'd like to put postpone this for our next meeting and uh because I spoke with someone I think they're not going to be want to be reimpported rather have to go through that exercise if we just get it squared away get them all at one time. So, I move that we table it for our next meeting. Do I have a second? Second. There's any comments by council. Are there any comments by the public? Hearing none. All in favor say I. I.

All against. Eyes have it. We'll move into item six, unfinished business. Item A is an ordinance second reading amendments to chapter 23 zoning of the court of ordinances of North Myrtle Beach, South Carolina requiring screening for mechanical equipment and setbacks. Do I have a motion to approve? So moved. Second. There's any comments by council. We talked about a little about a bit about this at the first reading and me personally as one member thinks this is great. Most HOAs already require you to have your AC units and pool equipment screened. Um, and we're just kind of working on the same thing to help if they're in setbacks. Correct, Suzanne?

Screening would be required if it's allowed to encroach into the setback into the setbacks. Yes. Thank you.

Are there any other comments by council? Are there any comments by the public? hearing. None. We'll take our vote. All in favor say I. I. All against. Eyes have it. We will move into item B is a ordinance second reading petition for annexation and zoning designation for 64.46 acres on South Carolina Highway 90 and staff has requested to postpone. Do I have a motion from council to either go forward or to postpone? Motion postpone. Go ahead. I'm sorry.

I'm sorry. Motion postpone. Motion to postpone. Do I have a second? Second. Are there any comments by council?

Um, I can elaborate on this a little bit. So I reached out to staff to ask why we were postponing and um as the developer was working with the folks at Parks Park Point, they got the major or they got all their asks but then had also asked to help with the pedestrian c pedestrian crossing from the neighborhood to the park and staff just wants to know exactly what is involved in that crossing was my understanding. Somebody wants to speak differently. Yeah, that that's correct because I did talk to stab about that as well and it's about the amount of the establishing how much that crosswalk is going to cost, but it'll get people safely from one neighborhood across the street into the sports complex. Are there any other comments by council?

Do we want to since they're asking postponement on B, uh C comes up next and they're requesting that be postponed, which deals with the same situation. If you want to just combine them or that is correct. So we'll we need to amend the motion to cover both B and C. Well, we could or we could just go on read this since we're so far along. We should can go and read the other one and do the same thing. But it is they're postponing for the same reason. Both of those. Okay. Are there any comments by the public hearing? None. We'll take our vote. All in favor say I. I.

I. All against. Eyes have it. So, we'll move into item C, which is an ordinance second reading development agreement for Champions Boulevard commercial and to authorize the city manager to sign the document on behalf of the city and staff again has uh requested to postpone for the same reasons we discussed before. Do I have a motion to postpone? Make a motion to postpone item C. I have a motion and a second. Is there any comment by councel? Is there any comment by the public? Hearing none, we'll take our vote. All in favor say I. I.

All against. We'll move into item or seven, new business. Item A is an ordinance first reading amendment to chapter 2, administration of the code of ordinances of North Myrtle Beach, codifying the construction board of appeals. Do I have a motion to approve? Motion. Second. A motion and a second. Is there any comments by council? You may want to explain, and I'm not going to with my voice, um, what this board would do.

Provide an explanation regarding this council. Um, the city's code of ordinances references a a board to hear appeals of decisions made by the building official and to conduct hearings related to unsafe buildings and structures in chapter 6. However, the board itself is not formally established as a standalone entity in chapter 2 administration where the city's boards and commissions are typically created. The South Carolina uh building code though through um I'm sorry through appendix B provides for the establishment of a construction board of appeals to hear such matters. Creating creating the board within chapter 2 clarifies its authority and structure while allowing the procedural requirements contained in the adopted building codes to govern appeals and hearings.

That answer your question? Yes. And it would not meet unless called upon. I'm sorry. It would not meet unless called upon. It's not a regularly scheduled meeting. Correct. For that. That's That is correct. Yes, sir. Are there any other comments by council?

I just, you know, I think the um we haven't had this board before and we've had issues. I guess let's say I have a a dispute with staff. I'm going to get me a building permit. And they interpret ordinance uh one way, but it could be read differently, but they so they turned me down so I could go to appeal to this construction board. And if the board decided that or their interpretation or my interpretation was the correct interpretation, would staff be able to they have to accept that um from the board? Yes.

Yes. as long as it meets code. I mean, we have to that's what we're arguing about or what our dispute is the code. That is correct. It's the interpretation of the code. So, and a lot of times it's a gray area. You know, the interpretation. So, the building inspector says, "I interpret this way and this is what you got to do." And we got a five member board or however member we have. They could they look at it and say, "Hey, I think you interpreted it wrong." And they could override them. Yes, I clarified that with our city attorney today. And when this process started years ago and you know just to set the context that this board has not met in the 18 years I've been with the city so there's never yeah we but we had a board before and Jim please talking that microphone sometimes I'm I check we can't people can't hear on the live stream

though in in the 18 years I've been with the city this board has not met because there hasn't been such an appeal but over the years the the building codes have gotten less gray area with every rewrite and um though, uh, the the amount of potential cases has declined over the years. So, so you're correct. It's it's right now it's just about, um, if there's an interpretation by the building official, uh, in a section of the code that's not crystal clear, then that board could adjudicate that.

Sure. And and I get that. And there I was a commercial general contractor in my time, and there were many times when there was a discrepancy or gray area. A lot of times a contractor doesn't have time though and just has to go by even though they disagree. So, if we can have this board, whoever when we send out a notification for people to apply say that you could be called and be a, you know, need to be available within, you know, a short period of time, not like once a month or something like that because this would need to be heard pretty quickly to not stop a a job or something from, you know, that makes sense. Anyway,

yeah, that's that's the biggest thing that I see with this board is don't really do construction much anymore, but when I used to, everything is real time restrictive. So, you need to be able to resolve an issues short in a short amount of time or the person's just going to go along with whatever the inspector says, even if that might not necessarily be the right way, right? un under uh this board it would not be the same as like planning commission or board of appeals which has to be advertised so you know a couple of weeks in advance this this board could meet uh with 24 hours notice that would be great if we could establish that something to that effect even if it's 48 hours but within a reasonable amount of time

the construction board of appeals is um also empowered to um conduct hearings related to unsafe buildings and structures um as defined in chapter six. Um we have a situation um currently where there is an unsafe structure in the city and the um that board is going to be required to assemble and hear that matter. Sure. So it's necessary that the board be formed for for at least that purpose as well as the other purposes we've been discussing tonight. Thank you. Yes, sir.

Are there any other comments by council? Just a little more clarification on the uh structures of the the bad structures if the board I guess the city would bring it the staff would bring that to the board. So we it's unsafe structure and you want that board uh to rule on it or is this an appeal area for the homeowner? It's an appeal for the homeowner to um present um his or her case to the board um to show just cause um why the building shouldn't be um required to be repaired or demolished. Okay. Thank you. Yes, sir.

Are there any other comments by council? Are there any comments by the public? Hearing none, we'll take our vote. All in favor say I. I. All against. Eyes have it. We will move into item B is a resolution adopt the bylaws for the construction board of appeals. Do I have a motion to approve? Motion. Second.

Any Is there any comment by council? Mayor, other than the uh I think the city's done a good job on the U board of appeals bylaws. They're pretty straightforward and uh I assume they'll be posted online so if anybody has any questions they can uh read what what we've got what we've done here. Are there any other comments by council? Should there be something in the bylaws about the meeting time that they have to meet within 24 to 48 hours? Should that be in the bylaws, the requirements of the meetings?

Um, it probably should be in there. Um, staff, do we know if we have that requirement? I I would I would hesitate to add that as part of the code because, you know, if if we contact the board and we can't get a quorum within 24 hours, then what, you know, so I think we'll we'll make every reasonable effort to do that within 24 hours, but there may be situations on such short notice that some of the members are out of town and we can't get a quorum. Okay. So, I I would hesitate to codify that. in the adopted by.

Yes. Um I think you could probably, you know, say that once the building official determines that a quorum is available, then it could be done within 24 hours after that determination. But we'll be asking or putting in that our requirements when we ask for the members to or citizens to sign or sign up for be on that board that there could be meetings that they would need to be available for in a quick notice and so they need to show that they could be able to be there, right?

Well, maybe something just about a time frame that just as soon as possible, you know, so that they don't think it's going to drag on for a month. But we can give that additional consideration and and prepare some language that we think would be appropriate for um entry into the bylaws.

Are there any other comments by council? Are there any comments by the public? Hearing none, we'll take our vote. All in favor say I. I. All against. Eyes have it. Um we'll move into item C is a ordinance first reading amendments to chapter 21 stopping standing and parking of the code of ordinance of North Myrtle Beach South Carolina regarding parking. Do I have a motion to approve? So moved. Second.

Motion a second or any comments by council. I would like to ask our city attorney to uh explain this council. Um as way of background, um the city was named in a lawsuit along with the town of Surfside Beach regarding the city's use of a contractor to enforce the city's parking regulations. Um the city moved to be dismissed from the lawsuit and the court granted the city's motion for dismissal in September of 2025. Um the plaintiff in that case did not have standing against North Myrtle Beach to to bring his um suit against um North Myrtle. Um that suit is continuing with the town of Surfside Beach. There's also litigation regarding the same kind of issue in other coastal municipalities around the state. Isa Palms, um, Folly Beach, Bufort, um, there may be a few others, but it's ongoing litigation and it's and issue rather with several municipalities on the coast regarding using contractors to enforce their parking requirements. Um, the proposed ordinance is essentially a housekeeping matter that accomplishes several items. Number one, it removes the unfettered ability of the parking contractor to make a decision to dismiss a ticket unless the ticket should be voted for six specific reasons listed in the revised ordinance. They just don't have the unfettered ability to dismiss something without any discretion. It would have to be in compliance with six of the spec specific reasons that are listed in the revised ordinance for them to void the ticket. not necessarily dismiss it, but in effect say the ticket should never have been been issued and we're going to avoid it. Um, number two, the criminal the criminal penalty for parking citations under 1-6 is removed and the penalty will be a fine of $35.

If the fine is not paid after after 30 days, the fine will increase to $85. Under section 1-6, it could be a fine of up to $500. and or incarceration up to 30 days. So that heavy-handed kind of penalty issuing parking tickets and they'll be required to swear swear an oath to uphold the laws of the city and the state of South Carolina, but they'll remain employees of the contractor, not employees of the city. And those are the main points of the the revision of the ordinance that's before you. I understand. Thank you. Yes, sir.

Are there any comments by council? Are there any comments by the public? I think you know exactly what to do, so I'm not going to say anything.

Jayen Puffer, 3506 Turner Avenue. So, just for clarification, they're going to swear an oath under the city to uphold the law of the city, but they're not working for the city, which I believe is the reason the litigation is actually going on. the challenges as to whether a civilian company outside of the city can issue the parking tickets. So, I'm a little confused because that feels like you're kind of riding the line on that one. And why aren't we waiting until the state rules on that? The state's not ruling. Um, well, there there's cases out there, so there'll be case law precedents. I'm sorry. Chris, is your microphone on? Just want to make sure. Can you hear me?

Yes. Thank you. I'll hold it. Um we're not waiting for the um those cases to be um resolved be because we wanted to go ahead and make the changes to shore up our ordinance to the ability that the to the extent that we can. It's not a bulletproof solution. We don't know if it's going to be a perfect solution, but we think it's going to short up um and give us the strength that we need to u most likely successfully defend against a lawsuit in the event we're pulled back into this litigation. That's why we've made these changes. Well, just on behalf of the citizens, their complaint is they can't go to the third party and ask for a dismissal. And you're saying there there would be cases for which they could be voided.

Be voided. Yes. In other words, there's six circumstances in the proposed ordinance uh that their technical requirements. And if it falls under any of those six things, then the parking company could void the ticket as if it was never issued because it got a technical mistake was made. But they're still in effect, the citizens are going to a third party to request a dismissal. There isn't a an appeal process through the city and they're not city employees. So I feel like it's opening ourselves up to a little bit more of an issue because you're saying it's they're going to be swore in to uphold the law of the city, but they don't work for us. So technically they're not able to swear. They're upholding the law because they don't work for us. though they can be um sworn in even though they don't

so they're deputized. They're going to be sworn they'll swear an oath. They're not deputized. They'll swear an oath that they're going to uphold the laws of the city and other but you see from a citizen st I'm speaking on just my own personal behalf of saying if I get a parking ticket I still have to go to the third party and there still has to be judgment on the third party as to whether I fall under those six categories. and you can look at the six things and if those six six things don't apply to you and you still want to um appeal the ticket you can do that to city court and you're taking so you can do that to city court. Yes sir. Okay. Sorry I wasn't clear on that. Thank you very much. You're welcome. Are there any other comments by the public?

Hearing none. We'll take our vote. All in favor say I. I. All against eyes have it. We'll move into item D, ordinance first reading, amendments to chapter 22, vehicles for hire of the code of ordinances of North Beach, South Carolina, regarding towing from private property. and staff has requested that this be postpon postponed um a workshop

to a workshop. Yes. Which we're want to do really really fast because this has been an issue we've talked about for quite some time and season's upon us and uh we'd like to get it done. Um so do I have a motion to either go forward with this or to postpone? Motion to post postpone to a workshop. Do do I have a second? Second. Okay. Are there any comments by council? And and just to clarify, we talked um about we already have a workshop scheduled for next Wednesday for another issue. So, it probably makes sense to just tack this onto the same scheduled time to knock them both out.

That would be great. That'll be fast. Get it done. Are there uh any comments by the public? Yes, sir. Please come forward. Give your name and address. And we have a threeminut time limit. How's everybody doing tonight?

Richard Pate, owner of Coastline Motorsports, uh which owns Coastline Towing and Affordable Towing. I just want to make sure uh after conversations today, pretty much a lot of today, uh we decided to take everything to the uh workshop. I was under the impression we were going to go forward with what was here tonight and then take care of the rest at the workshop. Um that I might have missed. Richard, I did speak to you today, but I if I did, I'm sorry. Apologize. Uh, I thought we were just going to bring everything out at the workshop. That was my my thoughts and that's what we

I'm fine. I'm fine with that. I just want to make sure we were on the same page. I understand. Absolutely. Thank you. So, we're going to bring everything up. It will be more time for you to speak instead of having to come up here for just the three minutes. We talked about that today. be more time for us to hear from our public safety officers, some rest of council, from our citizens, from everybody and anybody until we can get this idea done and close once and for all. Okay. Uh will the workshop be open to every anybody or It will be it will be open to the public. Yes. Okay. Thank you, mayor. Yes. Thank you. Are there any other comments by the public?

Hearing none, we'll take our vote. All in favor say I. I all against eyes have it. So we will open it to public comment. If there's anybody from the public like to speak to council, please come forward, give your name and address, and we have a threeminut time limit.

So I'm Barb McKinnon, 32359th Avenue North, and I expect you know what I want to talk about tonight. So, it's been a year of transition, but we now have a seated council, and it's time to return what you all started in 2019. It was that long ago, February of 2019, that the council passed the resolution in support of a phased long-term strategy to reduce long nonbiodegradable plastics in the environment in North Myrtle Beach, starting with single-use plastic bags. Then in April, you passed the ordinance banning the single-use plastic bags, but nobody had any idea then how long it was going to take that something like CO was going to interrupt the whole process. I won't go through all the history, but I do want to remember and thank Jerry Ferguson, who was the public face of the community effort for many years. But let's jump to January 2024 when council passed the first reading of an amended ordinance that allowed the 2.25 mil plastic bags to be considered reusable. Responding to some of the council and community concerns at that time, we all established a workshop and appointed a committee to study the issue and bring a recommendation back to council. That committee met through the summer of 2024 and reached the consensus. So, it's time to return to that, finalize the report, and bring the results to council for second reading. As you know, I put Walmart bags in my channel in January of 2023. Many of you have seen them, and those of you who haven't actually seen them have seen videos of what they look like after

two or three years. Once all the all disposable plastic bags have been banned in North Myrtle Beach, I plan to take those bags out of the channel to celebrate. I know the things that need to happen before we're successful in getting rid of all the disposable bags, disposable plastic bags after the ordinance is passed. We need a reinvigorated education campaign for citizens and businesses. We need an enforcement mechanism and retailers need time to use the inventory and restock with the acceptable alternatives. I recognize all that, but I also want to remember the real goal is for consumers to bring their own bags. So, I guess what I'm asking is that you ask administration to finalize the committee work and bring a recommendation to council for second reading. I am hopefully not foolishly optimistic that by February 2027, 8 years later, North Myrtle Beach will be free of the single-use disposable plastic bags.

I I think you're dead on, and I've talked to every council member about this, and I'll let Ryan, would you like to expound on this because this is coming up very soon.

Yeah. So, I give uh Barb a lot of credit and we've we've talked throughout this whole process. she's been more than patient. Um, we did we met uh we had the ad hoc committee that was put together. We met three separate times and I believe we came to to a consensus to to provide our recommendation to council. Um, and that was August of 2024 and then in September I was placed in the interim city manager role. So my responsibilities and the things that were on my plate kind of um pushed that to the to the back burner. So I will take some ownership of that. Um, and you know, as that went on, got closer and closer to the election. So, I felt like it made sense to wait until we had a full uh new council because they're going to have to make a decision on uh what what route we're going to take. So, whole time been transparent with Barb and she's been awesome about it. So, I knew that this uh that this day would come and I don't blame her. So, I would say the best course of action is to kind of reconvene that ad hoc committee because it has been um it's been almost a year and a half since we last met. So, uh, we can reconvene that, kind of just revisit our consensus, make sure that our recommendation is still what everyone agrees to, and then we'll bring it back to council and you can make a decision.

I'd like to get this on the agenda quick quick quickly. Most of our businesses have already complied, and you have some that aren't. It's not fair. So, we should get it done quickly so everybody's on the same page. Why don't we I'd like to see us establish a goal of maybe getting it to council by sometime in June. That way we can we can act on it either up or down and then that'll give the businesses time to use up all the stuff and come next feebruary or January they can get their new products and and move on if if the change if a change is made.

Yes, I agree. Also did um at one time I think in one of our last meetings in the last meeting a couple meetings ago we discussed on uh smoking on the beach or we so we've we've written it um uh Jim Wood is has put it together so it's just a matter of putting it before council so if you have an appetite for it we can bring it we can bring it back at the next meeting. Bring it let's get things done. All right. Are there any other comments by the public?

Please come forward. Give your name and address. We have a threem minute time limit. Name's Christopher Cochran. Address is 31824th Avenue North in Cherry Grove. Um I'm bringing three issues to council. Thank you for your time this evening. First one is the Bullanos Shell gas station. Uh they've made significant improvements to the gas station uh which I are not permitted. Uh we have a three uh three-stage dryer, manual dryers in the bay along with uh the uh additional improvements. The noise is excessive. Um the hours of operation are 6:00 a.m. to midnight. Um really doesn't work for us since there's additional noise and we do live across the the street from them. Uh so this runs all day long. Debris removal by Bolan No Shell is done with a leaf blower throughout their all their properties. They blow all of their trash onto everybody else's property. I've asked multiple times. I've spoken to Frank Bolano over the past four years multiple times. He said he'd address it. He has not taken any action. Uh the lighting on the building is not in compliance with the code or the ordinance. I'd like that checked and I've asked them to do some simple modifications to their lighting and I've gotten nowhere with that as well. And I guess the last last item there is the um the noise that's generated by the car wash with people loitering there um the cars, the music and uh just excessive amount of noise. I have contacted the police now. It's almost a daily problem for us. Um there's explicit laws and ordinances for the noise for property owners and businesses. However, for some reason, it does not comply with the vehicles that are driving around with these thumpers that exceed 80 dBm just to power them. So, these devices are not within the ordinance and operation. So, I'm asking for enforcement of this rule. My second issue is the Duck Dive Bar. They too have a 25- foot long outdoor bar where

they play music four nights a week. They're not complying with the ordinance of sound, nor are they complying with the ordinance of keeping alcohol within their property lines. um it goes over to the uh ex the circle K or over to the Bulan no shell. There's people all over the place there and there's no enforcement of that. And the last item I'd like to bring to council's attention is since we've started the uh new work down at Cherry Grove Pier and building the new hotel, all of the semi-truckss are now on Duffy using it to bypass Ocean and they're coming down Duffy. So we have cement mixers, semiis, um just every type of vehicle going back there. I don't think Duffy was designed for that and it's also I believe one of the bike routes so I do not believe it's safe for pedestrians or anyone else.

Thank you. And I I you sent me an email. I think you sent it to Councilman Coin as well and I forwarded that to our chief of police and our city manager and they're looking into your issues. Thank you. Thank you. And thank you for giving us a a way of speaking to you publicly. Absolutely. Thank you for being here.

Are there any other comments by the public? Jolene Puffer, 3506 Turner Avenue. Good evening, Mayor and Council. I'm here tonight to ask the city to take immediate steps to review and reorganize the North Myrtle Beach Board of Zoning Appeals. The Board of Zoning Appeals plays one of the most important roles in our local government. It hears, appeals, grants variances, and makes decisions that directly affect property rights, development, neighborhoods, and long-term character of our city. Because of the authority, the structure, and the governance of this board, the governance of this board must be clear, lawful, and transparent. Unfortunately, there are several issues with the current structure that raise serious concerns. First, many of the board appointments appear to have been seated incorrectly, and the board has operated without defined term limits. Most boards and commissions in the city rotate membership to ensure fresh perspectives and accountability. Even the arts commission has an 8-year limit on service. Yet the board of zorning appeals has members serving indefinitely which is inconsistent with the governance standards applied elsewhere in our city. Second, some leadership in this structure have remained unchanged for two decades. The same chairperson has served for over 19 years and the board has had the same attorney who is required by the bylaws to advise the board for that same length of time. Experience is valuable, but no public board should operate without periodic rotation in leadership and oversight. Third, conflicts of interest are actively affecting the board's ability to function. The current chairperson has

repeatedly had to recuse himself because he's also a developer. At the most recent meeting, another commissioner had to recuse themselves as well. that left the board with only four voting members making decisions that affect the entire community. This situation should concern us all. When recusals reduce the board to only a handful of members, the public is left wondering whether decisions are being made with the full independent review that the system was designed to provide. The board of zoning appeals is supposed to be a safeguard for fairness and due process. When appointments are unclear, when leadership remains unchanged for decades, and when conflicts of interest regularly limit participation, it undermines the confidence in that process. This is not about criticizing individuals who have volunteered that time. It's about recognizing that the system is overdue for reform. For the sake of transparency, good governance, and public trust, I urge the city to rep review all current appointments to ensure that they comply with ordinance and state law. Establish clear and consistent term limits for service, reconstitute the board if necessary. North Myrtle Beach is growing quickly, and the decisions made by this board are going to affect us all for many years. Thank you very much.

Thank you, Jolene. And that look and some of that we are looking into the there has been some uh reappointments that went by and they didn't get done with past uh staff. Um and I'm not sure exactly what why that happened, but it was brought to my attention and um we are looking into it and we're going to correct it. But mostly it was when somebody was supposed to be reappointed and and it didn't happen at a time. Actually, somebody was supposed to finish a term and they were given four years, right? Instead of finishing the term.

Exactly. Exactly. So, I I can let Alison expound on that more. You asked so many questions that for me and Dustin answer all of them. Would probably be better if we sat down in a meeting. I I would love to sit down in a meeting and have all of us there with staff there and and let us tell you what we found and what we're doing to fix those issues. And I think we need to make sure that our councilman's son is off that board as well. I do believe that's a conflict of interest and I just like that put on the record. Okay. Thank you very much. Thank you so much.

Are there any other comments by the public? Hearing none, I'll ask for a motion to adjurnn. Second. Second. All in favor say I. I. All against.